Vishwanath Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10616 of 2015 Arising Out of PS.Case No. -8 Year- 2015 Thana -ATRI District- GAYA ======================================================

1. Vishwanath Yadav s/o Late Baldeo Yadav

2. Tarun Yadav

3. Julus Yadav both s/o Vishwanath Yadav all residents of Village Dhure Parasa, P.S. - Atri, District - Gaya.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shivadani Singh For the Opposite Party/s : Mr. Rana Randhir Singh(APP) CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 19-05-2015 Heard counsel for the petitioners and learned APP for the State.

The petitioner no.1 is father of petitioner nos. 2 and 3. All of them are facing accusation punishable under section 307 IPC in connection with Atri P.S. Case No. 08/2015.

The parties are agnates. On account of some land disputes it is alleged that a heated exchange of words ensued between the informant and the petitioner Vishwanath Yadav. On the orders of petitioner no.1, petitioner no.2 Tarun Yadav is said to have inflected Farsa blow on the head of the informant (victim). Further

Patna High Court Cr.Misc. No.10616 of 2015 (2) dt.19-05-2015 2 / 3 allegation is that the petitioner no.3 assaulted the informant with Lathi.

Counsel for the petitioners states that there is a counter version also of the present case. Both parties had land disputes. Drawing attention to Annexure-2, it has been submitted that the injury received by the informant is lacerated injury on his skull. The opinion with regard to the same has been reserved. The petitioner is languishing in jail since 20.01.2015.

Considering the allegation contained in the FIR this Court, for the present, is not inclined to grant bail to the petitioner no. 2 Tarun Yadav. His prayer for bail is rejected. He is, however, granted liberty to renew his prayer for bail after five months So far as petitioner nos. 1 and 3 abovenamed are concerned, they are directed to be released on bail on furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Gaya in Atri P.S. Case No. 08 of 2015 on condition that one of the bailors of the petitioners shall be their own/close family members. In case of framing of charge they shall continue to appear on

Patna High Court Cr.Misc. No.10616 of 2015 (2) dt.19-05-2015 3 / 3 each date fixed at the trial. In case of default in appearance on two consecutive dates the trial court shall cancel their bail bonds.

(Kishore Kumar Mandal, J) HR/- U